Conflict of Interest—Peer Reviewer Participating on Subsequent Joint Venture

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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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It would not be unethical for Engineer A and his firm ABC Engineering to participate in a design-build joint venture and submit a proposal for the major road transportation project, as long as the state agency approves and the work complies with state laws and regulations.

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Peer-review programs have become an important part of the professional practice of engineering. In recent years, various professions, including several groups within the engineering profession, have successfully developed project and firm peer-review programs. These programs have been immensely successful in creating a mechanism whereby professionals in a collegial atmosphere can work together to better understand and improve professional practice. This can be accomplished by analyzing and evaluating the actions, decisions, and techniques of the professional and offering constructive and, at times, critical feedback. Such programs are generally built on a foundation of confidentiality, whereby an individual agreeing to serve as a peer reviewer must sign a “confidentiality agreement” in which the peer reviewer agrees not to disclose information that is revealed to the peer reviewer about the firm being reviewed during the peer-review process. There are sound reasons for such an approach. Firms being peer reviewed should be encouraged to provide as much pertinent, detailed information to the peer reviewer to allow the peer reviewer the opportunity to perform a thorough evaluation of the firm, and confidentiality helps to assure that the maximum amount of disclosure will occur. In addition, confidentiality helps build trust between the parties in the peer-review process and promotes an atmosphere that will improve the likelihood that the process will be mutually productive and ultimately successful. This principle was illustrated in BER Case 96-8. In this case, Engineer A served as a peer reviewer as part of an organized peer-review program developed to assist engineers in improving their professional practice. When originally selected as a peer reviewer, Engineer A was asked to sign a “confidentiality agreement,” whereby Engineer A agrees not to disclose confidential information involving peer-reviewed firms. As part of a peer-review visit, Engineer A visited Engine...

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Created
2026-02-13 16:13
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2026-02-13 16:13
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Engineer A is a professional engineer and owner of ABC Engineering. ABC Engineering is retained by a state agency to participate in an independent external peer review of the design of a major state-funded transportation project. No confidentiality agreement exists on the project. Engineer A is assigned to serve as the lead engineer on the independent external review of the design of the major road transportation project prepared by the agency. The peer review is limited in scope and focused on clarifications and refinements of existing construction plans and specifications, which are ultimately incorporated into a Request for Proposal soliciting proposals for design-build services to complete the major transportation project. Approximately one-year after ABC Engineering completes the peer review, the state agency issues an RFP soliciting proposals for design-build services to complete the major road transportation project. XYZ Construction invites ABC Engineering to participate in a design-build joint venture and submit a proposal for the major road transportation project.

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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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Would it be ethical for Engineer A and his firm, ABC Engineering, to participate in a design-build joint venture and submit a proposal for the major road transportation project?
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D-tuple Component Breakdown

35

Total Entities

9/9

Components Populated

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Roles R
w=0.12 384D
Engineer A Lead Peer Review Engineer
Professional engineer and owner of ABC Engineering, assigned as lead engineer on the independent external peer...
ABC Engineering Provider Firm
Engineering firm owned by Engineer A, retained by the state agency for the independent external peer review whose...
State Agency Client
State agency that prepared the design of the major road transportation project and retained ABC Engineering to...
State Agency Procurement Authority
In its procurement facet, the state agency issues the RFP soliciting design-build proposals approximately one year...
XYZ Construction Contractor
Construction firm that invites ABC Engineering to participate in a design-build joint venture and submit a proposal...
Board of Ethical Review Adjudicator
In the present case, the Board reviews the facts, distinguishes the confidentiality rationale of peer-review...
6 entities
Principles P
w=0.2 384D
Conflict of Interest in Design-Build Venture
The Board weighs whether Engineer A and ABC Engineering's participation with XYZ Construction in the design-build...
Confidentiality in Peer Review
The Board explains that peer-review programs rest on confidentiality agreements under which the reviewer does not...
2 entities
Obligations O
w=0.15 384D
Engineer A Peer Review Objectivity Duty
Engineer A, as lead engineer on the independent external peer review, must conduct the review of the agency's design...
ABC Engineering Faithful Agent Duty
ABC Engineering, as the firm retained by the state agency, must act as a faithful agent of the state agency in...
Engineer A Peer Review Confidentiality Duty
Engineer A, as a peer reviewer, must protect the confidential, nonpublic information gained about the state agency's...
3 entities
States S
w=0.1 384D
No Confidentiality Agreement On Project
Limited Scope Peer Review
Peer Review Project Knowledge
Post Peer Review Phase
Pending Joint Venture Invitation
No Conflict In Joint Venture
Confidential Information Advantage
Varying State Law On Conflict
8 entities
Resources Rs
w=0.1 384D
BER Case 96-8
BER Case 96-8 (topic: confidentiality obligations of a peer reviewer who discovers possible safety code violations...
BER Case 94-5
BER Case 94-5 (topic: conflict of interest when an engineering firm serves as city engineer while also serving...
2 entities
Actions A
w=0.1 384D
Peer Review Firm Retention
Lead Reviewer Role Acceptance
Peer Review Performance
RFP Issuance
Joint Venture Invitation
Joint Venture Participation Decision
6 entities
Events E
w=0.08 384D
Peer Review Completion
Review Findings Incorporation
Information Advantage Emergence
3 entities
Capabilities Ca
w=0.07 384D
Board Precedent Reasoning
The Board of Ethical Review reasons from the confidentiality rationale of BER Case 96-8 and the multiple-client...
Engineer A Design Peer Review Assessment
Engineer A, as lead engineer, exercises the competence to review and judge the adequacy of the agency's design,...
Engineer A Review Objectivity Maintenance
Engineer A serves as lead engineer on an independent external peer review, and his extracted duty to conduct the...
Engineer A Confidentiality Judgment
Engineer A, as lead engineer on the independent external peer review, holds and must manage the confidential,...
4 entities
Constraints Cs
w=0.08 384D
Engineer A Peer Review Nondisclosure
Engineer A, as a peer reviewer, must not disclose information revealed about the reviewed state agency's design,...
1 entity
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